Consumer Product Safety Improvement Act (CPSIA)

The Consumer Product Safety Improvement Act (CPSIA) was signed into law (P.L. 110-314) on August 14, 2008 by President George W. Bush. The legislative bill, known as HR 4040, was sponsored by Congressman Bobby Rush (D, IL). The Act becomes effective February 10, 2009. It will impose strict safety measures on product made for children and requires that toys and product made for children under 12 be tested for safety (specifically lead) content by independent labs and labeled with their material contents.

Official links to the text of the Act

Government Sources

Consumer Product Safety Improvement Act site from the Consumer Product Safety Commission. Has general updates, timetables, notices of public meetings, Federal Register Notices, and links to General Counsel Advisory Opinions, among other things.

Additional Resources

http://delicious.com/alalibrary/CPSIA - Compilation of bookmarks at the ALA Library's Delicious.com account with information on the Consumer Product Safety Improvement Act (CPSIA) and its possible impact on libraries.

On-line Form for CPSC CPSIA Subscription List - This form allows you to subscribe or unsubscribe to CPSC's subscription list, "Updates on the Consumer Product Safety Improvement Act (CPSIA)". By subscribing to this list, you will receive an email whenever a new item is issued regarding this Act. The items appear on the CPSIA web page or a link from that page.

Does the new requirement for total lead on children's products apply to children's books, cassettes and CD's, printed game boards, posters and other printed goods used for children's education?

In general, yes. CPSIA defines children’s products as those products intended primarily for use by children 12 and under. Accordingly, these products would be subject to the lead limit for paint and surface coatings at 16 CFR part 1303 (and the 90 ppm lead paint limit effective August 14, 2009) as well as the new lead limits for children’s products containing lead (600 ppm lead limit effective February 10, 2009, and 300 ppm lead limit effective August 14, 2009). If the children’s products use printing inks or materials which actually become a part of the substrate, such as the pigment in a plastic article, or those materials which are actually bonded to the substrate, such as by electroplating or ceramic glazing, they would be excluded from the lead paint limit. However, these products are still considered to be lead containing products irrespective of whether such products are excluded from the lead paint limit and are subject to the lead limits for children’s products containing lead. For lead containing children’s products, CPSIA specifically provides that paint, coatings, or electroplating may not be considered a barrier that would render lead in the substrate inaccessible to a child.

Does packaging have to comply with the lead requirements? Does it matter if the packaging is intended to be reused (e.g., heavy gauge reusable bag with zipper closure to store a set of blocks)?

CPSIA defines children’s products as those products intended primarily for use by children 12 and under. Packaging is generally not intended for use by children, given that most packaging is discarded and is not used or played with as a children’s product. However, if the packaging is intended to be reused, or used in conjunction with the children’s product, such as a heavy gauge reusable bag used to hold blocks, it becomes a component or part of the product, and would be subject to the lead requirements of CPSIA. It should also be noted that many individual states have adopted packaging laws which address toxics in packaging or packaging components and which have not been preempted by Commission action.

Blogged discussions

Note: These are references to the blogged discussion of the impact of the law. Some may be accurate; others extreme. They are offered as examples of the range of concern and thought about this topic.

Change.org Ideas for Change in America: Save Small Business From the CPSIA